Earlier this week, the Justice Department announced a plan to identify inmates around the country who have served more than a decade in prison, committed nonviolent crimes and who would have had lesser sentences were it not for mandatory minimum sentencing laws, which are no longer federal policy.

“This is lawlessness. If it were just this alone, you would say yes. On the merits, it’s not a bad idea, there was over-sentencing in the past,” Krauthammer said Wednesday on Fox News.

“But we know what’s he’s done with immigration reform, where he unilaterally has enacted the DREAM Act. … The Constitution is very, very specific. Legislation comes from Congress, it doesn’t come from the White House. Why can’t the president obey the Constitution, execute the laws faithfully and let Congress change them?”

Krauthammer reiterated that “on the substance,” the policy could be effective, but said the administration should factor in that some criminals have already had their sentences reduced through plea bargaining.